Disposed

V.Natarajan v. Joint Registrar of Co-Op.Societies & Ors.

Kerala HC5 Feb 2008WP(C)/2717/2008

Case brief

AI extract

What is this about?

In a writ petition challenging dismissal from a cooperative society, the Court held that since an internal appeal and arbitration under Section 69 of the K.C.S Act are available, writ jurisdiction is not invoked. The Court directed expeditious disposal of the appeal within one month.

What did the court decide?

Directing the appellate authority to dispose of the petitioner's appeal expeditiously, within one month; statutory authorities to endeavour to expedite final disposal.

V.Natarajan Vs Joint Registrar of Co-Op.Societies & Ors. — Service and Employment | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929

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WP(C).No. 2717 of 2008(W)

PETITIONER:

V.NATARAJAN ,ASSISTANT SECRETARY (UNDER ORDERS OF DISMISSAL) KSRTC STAFF CO-OP BANK LTD.NO. 141,KOTTAYAM.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENTS:

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JOINT REGISTRAR OF CO-OP.SOCIETIES (GENERAL) KOTTAYAM.

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KSRTC STAFF CO-OP.BANK LTD,NO. 141 KOTTAYAM REP. BY ITS SECRETARY.

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PRESIDENT KSRTC STAFF CO-OP.BANK LTD,NO. 141 KOTTAYAM.

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FOR R1 SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM FOR R2 AND R3 ADV.SRI T.A.SHAJI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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THOTTATHIL B. RADHAKRISHNAN, J.

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 2717 of 2008-W

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~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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Dated this the 5^th day of February, 2008

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J U D G M E N T

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Ext.P15 is the order dismissing the petitioner from the service of a Co-operative Society.

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The learned counsel for the Society is right in submitting that the petitioner has a right of intra institutional appeal against that order. Even if the petitioner loses that appeal, he has adequate remedy within the scheme under Section 69 of the K.C.S Act, which provides for arbitration, where facts and law could be considered and decision rendered.

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However, the learned counsel for the petitioner points out that writ jurisdiction has been invoked because the case in hand is one of victimisation and the petitioner has hardly one year to retire. It is contended that the petitioner has only three cents of property and he has availed different loans from different institutions which he intended to repay by utilising the retiral benefits. It is accordingly

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W.P.(C).No.2717/2008-W

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-: 2 :-

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pointed out that the alternate remedies available to him would not be adequate.

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Though the personal reasons of the petitioner which are highlighted by his learned counsel may be a situation where the concerned authorities would consider expediting proceedings. I do not deem it appropriate for the writ court to exercise its extra ordinary jurisdiction merely on the said set of plea.

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In the result, this writ petition is disposed of directing that if the petitioner files an appeal before the appellate authority within the Society, that appeal shall be expeditiously disposed of, at any rate, within a period of one month from the date of receipt of the same and if the petitioner ultimately has to seek other remedial measures, the statutory authorities will endevour to expedite final disposal of the case.

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THOTTATHIL B.RADHAKRISHNAN, Judge

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V.Natarajan v. Joint Registrar of Co-Op.Societies & Ors.

Case brief

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V.Natarajan v. Joint Registrar of Co-Op.Societies & Ors.

Case brief

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